Category Archives: Regional News

O&G Task Force member slams COGCC rule-making

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Jim Fitzgerald, a Bayfield rancher, activist, and member of Governor Hickenlooper’s Oil and Gas Task Force, sent the following letter to the Colorado Oil and Gas Conservation Commission (COGCC) in response to  their current rule-making regarding the Task Force recommendations.

The Task Force was formed last year as part of a back-room compromise between the governor and Jared Polis, who in turn withdrew two ballot measures that would have increased drilling setbacks and given local governments a veneer of control over O&G operations within their jurisdictions.  In February, the 21 member Task Force sent the Governor nine recommendations regarding O&G operations in Colorado, which many regarded as ineffectual.

Here is the text of Jim’s letter to the COGCC:

 

 

Commissioners,
Consider this as comment on your current rulemaking about Task Force recommendations from a very disgruntled member of that Task Force. The issues you are currently considering are only a small portion of what you should be considering for adoption. The COGCC must consider all thirteen of the oil and gas task force proposals which received 11 or more votes from the 21 member task force.
Gwen Lachelt, the former chairwoman of the oil and gas task force told the Durango Herald (Oct 10) that the rules currently proposed by the COGCC “gut” the intent of the task force. Not only do they gut our intent, they simply disappeared 13 proposals which received positive votes from a majority of the task force. In order to understand how so many intelligent people could waste so much time in the production of something so useless, it’s important to describe the outrageous rigging of the process by the governor’s office.
The 21 members of the task force (including myself) were recruited and assembled under Executive Order B 2014 005. Section II E of that Order stated that: “Recommendations of the Task Force regarding new or amended legislation shall be made by a two-thirds vote of the membership.” It was understood by many , if not most of the members that any proposal that did not require new or amended legislation and which received a simple majority of support would be forwarded for consideration for a rulemaking by the COGCC. After several weeks of meetings, Mike King from the Department of Natural Resources informed our group that all proposals would need a two-thirds vote in order to be considered for adoption. There was no vote on this change. It was simply announced. Therefore when the Keystone Center issued the final report they made the bizarre decision to place 13 proposals which received 11 or more votes in the section of “Minority Report”. The result was that several important proposals to give local governments more standing have not been considered even when they had as many as 13 positive votes. Thirteen out of 21 is not a minority. (See recommendations #7, #12, 12a, and #2 for example.)There were several other important proposals with majpority votes which were excluded.
The governor has chosen to make a mockery of the entire Task Force purpose and process. There were many who chose to participate in that Task Force who did so with much skepticism about accomplishing a whole lot. But I believe that even the most cynical of us never thought that there would be such shameless manipulation to ensure an outcome that had been pre-decided. An outcome that did not reflect in any way the hard work and sincere effort that the majority of Task Force members put into this.

 

Jim Fitzgerald

Wes Wilson urges tighter control of fugitive methane

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In testimony at an EPA public hearing this week, Wes Wilson of Be The Change USA urged regulators to tighten control over methane emissions from oil and gas wells. Below is Wes’s complete testimony at the hearing.

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“I worked here — at EPA’s Regional Office in Denver — as an environmental engineer for over 35 years. I represent BE THE CHANGE, a Colorado non-profit organization dedicated to better government.

I’m here today as a concerned citizen to testify that these rules are inadequate as a remedy and not in time to be effective.

Continue reading →

Colorado is ever riper for oil and gas exploitation

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By Phil Doe

It is a truth universal that when a politician establishes a task force to examine an explosive public issue, often an issue of his own making, said politician will term the task force’s recommendations remarkable in both their wisdom and farsightedness.

This truth was borne out on February 24th when Colorado Governor Hickenlooper’s Blue Ribbon Task Force on Fracking issued its carefully vetted and resultantly sparse recommendations. He personally selected the 21 members, so of course it was fitting he label them Blue Ribbon and congratulate them on a job well done. The majority were oil executive cronies or political yesteryears friendly to him or the industry. Continue reading →

Banking on Colorado conference videos now online

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Videos of the entire Banking on Colorado Conference are now available on the Banking on Colorado conference website.

The conference, sponsored by Be The Change USA, the Public Banking Institute, and the Denver Foundation, was held in Denver on January 31 and attracted 120 activists who heard national leaders in the Public Banking movement discuss the corrupt practices of the Too-Big-To-Fail banks and alternatives offered by public banks.

Conference speakers included:

  • Nomi Prins  – Senior Fellow at Demos, former Managing Director at Goldman Sachs; former Senior Managing Director at Bear Stearns. Nomi authored  All the Presidents’ Bankers: The Hidden Alliances that Drive American Power and It Takes A Pillage: Epic Tale of Power, Deceit & Untold Trillions
  • Ellen Hodgson Brown – Founder, President Emerita, and Senior Advisor, Public Banking Institute. Ellen authored Web of Debt and The Public Bank Solution
  • Gwendolyn Hallsmith – Executive Director, Public Banking Institute. Gwen authored Creating Wealth: Growing Local Economies with Local Currencies and The Key to Sustainable Cities
  • Mike Krauss – Chairman, Board of Directors, Pennsylvania Public Bank Project and
    Founding Board Member, Public Banking Institute
  • Karl Beitel – Director, Public Bank Project.  Karl authored Local Protest, Global Movements: Capital, Community, and State in San Francisco 

 

Colorado Oil and Gas Task Force Releases Final Report

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The 21 member Colorado Oil and Gas Task Force appointed by Governor Hickenlooper to “examine … issues surrounding oil and gas operations and provide recommendations” has released its official report, which can be read in it’s entirety here:

Colorado Oil and Gas Task Force Final Report (5.7 MB).

The report includes nine recommendations, each approved by at least two-thirds of the task force members. Given that the task force was split between O&G representatives and other stakeholders, it’s not surprising that the recommendations address none of the big issues raised by Fractivists and others advocating for local control over O&G operations in their jurisdictions.

Here are the nine recommendations:

  1. RECOMMENDATION TO FACILITATE COLLABORATION OF LOCAL GOVERNMENTS, COLORADO OIL AND GAS CONSERVATION COMMISSION AND OPERATORS RELATIVE TO OIL AND GAS LOCATIONS AND URBAN PLANNING
  2. RECOMMENDATION TO INCLUDE FUTURE OIL AND GAS DRILLING AND PRODUCTION FACILITIES IN EXISTING LOCAL COMPREHENSIVE PLANNING PROCESSES
  3. RECOMMENDATION TO ENHANCE THE LOCAL GOVERNMENT LIAISON AND LOCAL GOVERNMENT DESIGNEE ROLES AND FUNCTIONS
  4. RECOMMENDATION TO INCREASE COGCC FULL TIME STAFF, INCLUDING INSPECTORS, FIELD OPERATIONS, ENFORCEMENT, AND PERMITTING STAFF
  5. RECOMMENDATION RELATED TO CDPHE STAFFING, A HEALTH COMPLAINT LINE, A HUMAN HEALTH RISK ASSESSMENT, AND A MOBILE AIR QUALITY MONITORING UNIT
  6. RECOMMENDATION TO CREATE AN OIL AND GAS INFORMATION CLEARINGHOUSE
  7. RECOMMENDATION TO REDUCE TRUCK TRAFFIC ON PUBLIC STREETS, ROADS, AND HIGHWAYS FOR OIL AND GAS ACTIVITIES
  8. RECOMMENDATION TO GENERAL ASSEMBLY REGARDING AIR QUALITY RULES
  9. RECOMMENDATION TO IMPLEMENT A COMPLIANCE ASSISTANCE PROGRAM

 

Be The Change USA Hosts Public Banking Conference

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BankingOnColorado#6.11-14

On January 31, Be The Change USA hosts an outstanding conference on Public Banking:  Banking on Colorado – Prosperity For All.

The conference features three nationally renown experts on Public Banking – Ellen Brown, Mike Krauss, and Gwen Hallsmith, plus Nomi Prins, a  former Director at Goldman Sachs.

The conference aims to educate public officials and citizens of Colorado about the role a public bank could play in creating a more sustainable, democratic economy, and motivate them to act.

When: Saturday, January 31st, 1PM – 8:30PM
Where: The First Universalist Church of Denver, 4101 E Hampden Ave in Denver

Click the links below for:

This conference aims to educate public officials and citizens of Colorado about the role a public bank could play in creating a more sustainable, democratic economy, and motivate them to act.

When:   January 31st, 1PM – 8:30PM
Where: The First Universalist Church of Denver, 4101 E Hampden Ave in Denver

Registration Fee: 

  • $25, or $10 for students with a valid student ID
  • $15 extra for dinner (optional)

 

National Speakers:

Nomi Prins

nomi prinsSenior Fellow at Demos, former Managing Director at Goldman Sachs; former Senior Managing Director at Bear Stearns
Author, All the Presidents’ Bankers: The Hidden Alliances that Drive American Power and It Takes A Pillage: Epic Tale of Power, Deceit & Untold Trillions

Ellen Hodgson Brown

Ellen BrownFounder, President Emerita, and Senior Advisor, Public Banking Institute
Author, Web of Debt and The Public Bank Solution

 

 

Gwendolyn Hallsmith

gwen hallsmithExecutive Director, Public Banking Institute
Author, Creating Wealth: Growing Local Economies with Local Currencies and The Key to Sustainable Cities

 

 

Mike Krauss

mike kraussChairman, Board of Directors, Pennsylvania Public Bank Project
Founding Board Member, Public Banking Institute

 

Fractivists Call For Co-Chair to Resign from Colorado Task Force

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On Wednesday, January 31, a coalition of grassroots organizations asked for the resignation of

Randy Cleveland, co-chair of Governor Hickelooper’s Task Force

Co-Chair Randy Cleveland from Governor Hickenlooper’s Blue Ribbon Task Force on fracking.  This Task Force was established so U.S. Representative Jared Polis could gracefully strike from the 2014 state ballot two initiatives he had financed.  One would have required 2000-foot setbacks from homes, the other would have allowed towns and cities to determine for themselves whether they wanted fracking in their back yards.

The reasons for his requested resignation are several:

  1. Cleveland’s company, XTO, was recently fined $2.3 million for toxic dumping in West Virginia.  The estimated cleanup costs are another $3 million.  XTO is recognized as one of the worst polluters in Pennsylvania, having been fined more than $227,000 for toxic dumping into major rivers such as the Susquehanna.  A state grand jury has brought criminal charges against the company because of its reckless and illegal dumping.Phil Doe, Environmental Director for Be the Change said, “The governor’s appointment of Cleveland to a leadership role on his “blue ribbon” task force is bewildering. Cleveland has been given control of the task force even though his company has been repeatedly charged with significant regulatory violations. If any of us had done what Cleveland’s company has done, we’d probably be in the clinker. He’s not even a resident of this state. Yet, he is invited to jet in here, make decisions about our lives, our property, our safety and then jet back to his home in Texas. Colorado doesn’t need a law-breaking Texas CEO to tell us how to regulate our oil industry.”
  2. XTO’s activities in Colorado show a similar pattern. State oil and gas records show that XTO has self-reported 101 spills, with almost 800 thousand gallons of operational waste of unknown toxicity leaked into the environment, mostly from faulty disposal ponds and corroded pipes.  About 93 percent of the waste was never recovered, some of it reaching rivers and streams. For these infractions, the company has been fined once for $2000. Moreover, the company is wasting approximately 7 percent of all its gas production, either through flaring or leaks.  With a market value of roughly $68 million, the waste of this nonrenewable energy has cost Coloradoans reduced severance and royalty payments as well.

Continue reading →

RECLAIMING DEMOCRACY FROM BIG MONEY AND GLOBAL CORPORATIONS

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Move to Amend

ATTEND A BOOK SIGNING AND FREE COMMUNITY FORUM

WITH DAVID COBB (NATIONAL SPOKESPERSON FOR MOVE TO AMEND)

AND JEFFREY CLEMENTS (AUTHOR AND CO-FOUNDER OF FREE SPEECH FOR PEOPLE)

When: Monday, October 27, 2014, 7:00—8:30 p.m.
Where: The Mercury Cafe (Upstairs)
2199 California Street,
Denver, CO 80205
(303) 294-9258

Join these two leaders of the American “Pro-Democracy Movement” as they discuss the devastating impact that “Corporate personhood” has on our small “d”/ small “r” democratic republic, and what WE THE PEOPLE can do to take back the political power that has been stolen from us by Global Corporations and the moneyed elites.

Clements’ book “Corporations are NOT People: Reclaiming Democracy from Big Money and Global Corporations” will be available for purchase and signing.

Admission is free.
Doors will open at 6:30 p.m. Light food and beverage service will be available.

 

DENVER METRO MOVE TO AMEND
www.MoveToAmend.org/CO-denver
Denver Metro Move to Amend is a local affiliate of the Move to Amend Coalition

We, the People of the United States of America, reject the U.S. Supreme Court’s Citizens United ruling and other related cases, and move to amend our Constitution to firmly establish that money is not speech, and that human beings, not corporations, are persons entitled to constitutional rights.

NATIONAL HEADQUARTERS: PO Box 610, Eureka CA 95502 | (707) 269-0984
www.MoveToAmend.org   

Thomas Linzey issues call to “revolt” against rigged legal system

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SONY DSC“Everything is F*cked “, Thomas Linzey remarked at the start of his talk – “it’s cooked from top to bottom.” Linzey, Executive Director of the Community Environmental Legal Defense Fund (CELDF), spoke to a crowd of about 100 people at the Lakewood Cultural Events Center on Saturday night.

“It takes 5 minutes for a state to issue an [extraction] permit and 10 years for citizens to ‘burn’ it,” said Linzey, in describing the fight between the citizens of Nottingham,  New Hampshire, and USA Springs Corp.,  which obtained a permit to build a 176,000-square-foot factory and extract over 300,000 gallons of water a day from the city’s aquifer. After 6 years of legal battles and more than $500,000, the  residents fought their way to the New Hampshire Supreme Court, which sided with the corporation and ruled that the citizens of Nottingham had no legal standing to oppose the corporation’s “right” to extract water.  The state of New Hampshire joined the suite – filing a brief in support of the corporation. The tide finally turned when CELDF helped the residents draft a local self-governance ordinance that asserted their right as a community to prohibit corporations from extracting water.

For the past several years, CELDF has been helping communities across the country draft similar ordinances. In 2013, CELDF worked with anti-fracking activists in Lafayette, CO,  to draft a community rights city charter that bans all oil and gas activity in the city. In the November 2013 election, Lafayette residents passed the ban via a ballot initiative by 60-40 margin. Following the election, the oil and gas industry promptly sued the city and successfully overturned the ban in district court, where judge D.D. Mallard last week ruled that Lafayette residents do not “have the authority to prohibit what the state authorizes and permits.” The case has since been appealed and is working its way to the Colorado Supreme Court.

In his talk, Linzey described his initial experience as a lawyer defending communities from corporate extraction, when he realized the U.S. legal system was stacked against local government’s right to self governance. He discovered that existing laws prohibit communities from banning ‘legal uses’ – all of which are defined at the state level. So in mounting challenges to existing regulations, his defense of municipalities only “helped corporations draft better permits.”

Once Linzey recognized that the root of the problem was a lack of democracy, he shifted from fighting symptoms to tackling the structural foundation of U.S. laws. Linzey pointed out that corporations rely on governments to get power and rights, so “it’s your own government that’s the problem.” The law of preemption, which enables state governments to trump or ‘preempt’ local laws, “takes power from greater numbers of citizens and transfers it to a few people distant from the municipality.” To counter this rigged system, Linsey urges a “full scale revolt” among citizens that is “not championed by anyone important,” and challenges local governments to pass ordinances that elevate the rights of those communities over rights claimed by corporations.

Lafayette files class action suit to protect self-governance and community rights

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Residents of Lafayette, Colorado filed a motion for a preliminary injunction to prevent the state of Colorado, Gov. John Hickenlooper and the Colorado Oil and Gas Association (COGA) from taking away the town’s right to ban the practice.

Colorado citizens want the right to decide for themselves whether drilling sites like this one should be allowed in their communities.

Photo credit: The Endocrine Disruption Exchange

Citizens in Lafayette, which is a Home Rule Community under Colorado law, voted last November to pass a Community Bill of Rights under its Home Rule Charter that banned fracking and established the right of citizens to a healthy environment. In December COGA sued the city to overturn its Bill of Rights, claiming that while citizens don’t have a right to clean air and water or self-governance, COGA has a constitutional right to frack under the state’s Oil and Gas Act.

Citizens responded by filing a first-of-its-kind class action suit in June, arguing that parts of the Oil and Gas Act violate the right to local self-governance. The preliminary injunction, filed yesterday in the Boulder County District County, would prevent COGA’s lawsuit from moving forward until its own is decided and declare parts of the Oil and Gas Act unconstitutional.

The plaintiffs are part of the Colorado Community Rights Network, a group founded late last year to protect the rights of communities to make decisions locally on issues like fracking. They are represented by the Community Environmental Legal Defense Fund, a Pennsylvania-based group that provides affordable representation to communities clashing with deep-pockets corporations. CELDF executive director Thomas Linzey said of the Lafayette lawsuit:

The right to local, community self-government serves as the foundation for the American system of law. Yet the people’s right to self-governance has been routinely ignored by our elected representatives and overridden by the courts in favor of corporate rights. This class action lawsuit is merely the first of many by people across the United States whose constitutional rights to self-govern are routinely violated by state governments working in concert with the corporations that they ostensibly regulate. The people of Lafayette will not stand idly by as their rights are negotiated away by oil and gas corporations, and by their state government.

The lawsuit follows a recent deal between Gov. Hickenlooper and Colorado congressman Jared Polis to remove four contentious pro- and anti-fracking measures from this November’s state ballot in favor of an 18-member commission, with both citizens and oil and gas industry representatives, to work out an agreement on the issues to submit to the legislature for approval.

Many environmentalists took a dim view of this compromise, despite the likelihood that the industry would spend tens of millions of dollars to buy itself another ballot victory.